Kaiser Owes Call Center Reps, Class Claims

8-22-2018 23:54:00

RIVERSIDE, Calif. (CN) – Kaiser stiffed call center reps for off-the-clock work, a class claims in U.S. District Court for the Central District of California, Eastern Division.

Lead plaintiff Dionka Banks, individually and on behalf of all other similarly situated individuals, sued Kaiser Foundation Health Plan, Inc. for violations of the Federal Labor Standards Act, the California Labor Code and the California Labor and Professions Code.

The putative class includes call center employees who worked for Kaiser during the past four years as Member Service Representatives (MSRs).

“Pursuant to defendant’s illegal compensation practices and policies, MSRs are required to: 1) start-up and log-into computers, programs and applications, before each shift and prior to clocking into defendant’s timekeeping system; 2) perform computer, program and application shutdown and log-in tasks off-the-clock during their uncompensated meal periods; and 3) shut-down and log-out of computers, programs and applications, subsequent to each shift and after clocking out of defendant’s timekeeping system. In addition, defendant fails to pay MSRs for time spent prior to each shift locating equipment (including chairs,)” the complaint states. (Emphasis and parentheses in original.)

Dionka Banks and the class seek class certification with Banks as lead plaintiff, a service award to Banks “in recognition of the time, effort and risk she incurred in bringing this action and as compensation for the value she has provided to the class members,” declaratory and injunctive relief, unpaid overtime, minimum and regular wages, liquidated damages, statutory and civil penalties, disgorgement and restitution, appointment of a receiver, prejudgment interest, attorneys’ fees, expenses, costs and a jury trial. They are represented by David Yeremian in Glendale, Trenton R. Kashima of Finkelstein & Krinsk in San Diego and Kevin J. Stoops and Jason T. Thompson of Sommers Schwartz, both pro hac vice pending, from Southfield, Michigan.